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TRADEMARK DISPUTE EXAMPLES
Example
1:
A
business using a registered company name and a registered business
name in NSW had to change their name, which meant new invoices,
brochures, uniforms, forms, signs, vehicle, sign writing,
pre-printed stationery and reputation, after being in breach of
trademark law. A business in WA owns the registered trademark
for the same name. Luckily, the NSW company was not charged
penalties for the breach in addition to the costs of
re-branding.
Example
2:
A small
Sydney swimwear company, Absolut Beach, was sent into liquidation
when they had to close their internet business after Vin &
Spirit, the makers of Absolut Vodka, sued them for domain name and
trade mark infringement.
Example
3:
A
business in the motel industry lost revenue and many years of good
reputation after another business name was registered using the
same first name, with one additional letter, and ‘stole’ business
by passing themselves off as the original motel.
Example
4:
NSW
clothing company Tsubi registered their trademark in Australia to
protect their rights. They then began using and promoting
their label internationally. A legal battle began with the a
shoe company Tsubo, who owned the registered trademark in the USA,
with the resulting decision that Tsubi had infringed the trademark
rights of Tsubo by using a name that was “deceptively
similar”. At huge expense, Tsubi was required to re-brand for
the international marketplace.
Don't let
your business get caught out in any of the above types of
situations. Not only could it cost your business time and money,
but if you were forced to have to re-brand, you could loose your
good reputation that you have no doubt spent time
developing.
Contact our
office if you would like
assistance in protecting your brands.
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